Website Terms of Use

Last Modified: January [6], 2014

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS BEFORE USING OUR WEBSITES.

Baldwin Krystyn Sherman Partners, LLC, a Florida limited liability company, and its affiliates (“BKS,” “we,” or “us”) provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, the “Sites”). By using our Sites you agree to be bound by and abide by these Website Terms of Use (together with all other policies and terms incorporated herein by reference, these “Terms of Use”) that govern your access to and use of the Sites. If you do not want to agree to these Terms of Use you must not access or use the Sites.

By using the Web Sites, you signify your acceptance of these Terms of Use and your acknowledgement that the information that you provide, directly or indirectly, through the Sites will be managed in accordance with our Privacy Policy[1].

The Sites are offered and available to users who are 13 years of age or older. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with us and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.

Changes

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately from the time they are posted to the Sites. Your continued use of the Sites after such changes means that you agree to follow and be bound by the terms as changed. You are expected to check this page each time you access the Sites so you are aware of any changes, as they are binding on you. We will alert you to any changes to these Terms of Use by updating the “Last Modified” date at the top of this page.

No Solicitation or Offer

The Sites are designed to provide general information about BKS, its products and services, and its related companies. Information on the Sites is not intended to constitute an offer to sell or a solicitation of any particular product or service. Any insurance product described on the Sites may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. For more information, please consult your agent and your policy or contract. Some products and/or services may not be available in all states or countries.

Accessing the Sites and Account Security

We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of or all of the Sites to users, including registered users, if any.

To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current and complete. You agree that all information you provide to register with the Sites or otherwise, including but not limited to through the use of any interactive features on the Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy, which is incorporated herein by reference. You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Intellectual Property Rights

The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not copy or download any materials displayed on our site except for your personal, noncommercial use. Without express permission from us, the following are prohibited: reproduction, publication, transmission, display, distribution, modification, creating derivative works from, selling or participating in any sale or exploitation in any way, in whole or in part, of any content or of the Sites themselves. Notwithstanding the foregoing, if we provide social media features with certain content, you may take such actions as are enabled by such features.

Copyright Infringement

For claims of copyright infringement, please see our Copyright Policy[2], which is incorporated herein by reference.

Trademarks

BKS name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of BKS, which may or may not be federally registered. All other names, logos, product and service names, designs and slogans on the Sites are the property of their respective owners. You must not use such marks without the prior written consent of BKS or the third party, as applicable.

Prohibited Uses

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. Any use not expressly permitted by these Terms of Use is a breach of these Terms of Use. Further, you agree not to use the Sites: (1) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), (2) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (3) to send, knowingly receive, upload, download, use or re-use any material or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable, (4) to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or names associated with any of the foregoing), (5) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm us or users of the Sites or expose them or us to liability, (6) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, or (7) use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites or otherwise attempt to interfere with the proper working of the Sites.

Linking to the Sites

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You may also use certain social media features that we may from time to time make available to you that may allow you to link to certain content on the Sites, send emails with links to certain content or cause limited portions of our content to be posted on your or third party sites. We reserve the right to disable all or any social media features and all links at any time without notice in our sole discretion.

Links from the Sites

If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITES AND THEIR CONTENT IS AT YOUR OWN RISK. THE SITES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BKS NOR ANY PERSON ASSOCIATED WITH BKS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER BKS NOR ANYONE ASSOCIATED WITH BKS REPRESENTS OR WARRANTS THAT THE SITES AND THEIR CONTENT ON THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BKS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES, INCLUDING COSTS ASSOCIATED WITH SERVICING OR REPAIRS OF EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES, WHICH SHALL BE YOUR SOLE RESPONSIBILITY.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT, SHALL BKS OR ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, SUCCESSORS, AFFILIATES, DISTRIBUTORS, THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR ASSIGNS BE LIABLE TO ANY USER OF ITS SITE (S), THEIR SUCCESSORS OR ASSIGNS OR ANY OTHER THIRD-PARTY OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF REVENUE, PROFITS OR ANY OTHER ECONOMIC ADVANTAGE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF IT ARISES THAT THE SITES HAVE BEEN PREVIOUSLY ADVISED OF PROSPECTIVE POTENTIAL DAMAGE OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER IN TORT OR FOR BREACH.

You hereby acknowledge and understand that the preceding paragraph is applicable to all information found throughout the Sites, including but not limited to service details and products. In those states that limit or do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Regardless of the foregoing, in no event shall BKSs liability to you or any third party exceed the greater of (a) the total amount you paid to us in the twelve month period preceding the action giving rise to the liability or (b) $100.

Indemnification

You agree to defend, indemnify and hold harmless BKS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Sites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Sites.

Geographic Restrictions

BKS operates its Sites from its headquarters in Tampa, Florida, USA. We provide the Sites for use only by persons located in the United States. BKS makes no claims that the Sites or any information on the Sites is available or appropriate outside of the United States. Access to Sites in other locations may be illegal and is prohibited. If you access the Sites from outside of the United States, you do so on your own initiative and at your own risk and are responsible for compliance with all applicable laws.

Legal Disputes

All matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be settled by binding arbitration in Hillsborough County, Florida administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof, and shall be governed by and construed in accordance with applicable federal law and the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Hillsborough County, Florida although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, LOWRY BALDWIN, 4010 W. BOY SCOUT BLVD. SUITE 200 TAMPA, FL 33607.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU AND BKS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

General Information

No waiver of any provision or any breach of these Terms of Use will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of these Terms of Use will be illegal or otherwise unenforceable, such provision will be severed, and the balance of these Terms of Use will continue in full force and effect. These Terms of Use set forth the entire agreement between you and us with respect to use of the Sites and supersede any prior agreements between you and us relating to such subject matter. These Terms of Use are not assignable, transferable or sublicensable by you except with the prior written consent of BKS. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. BKS’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of right of BKS to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use.

Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy[3] in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: INFO@BKS-PARTNERS.COM.

Thank you for visiting our Sites.

COPYRIGHT POLICY

Last Modified: January [6], 2014

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe in good faith that any materials accessible on or from our Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.

Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.

Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements above, your DMCA Notice may not be effective. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Sites are infringing a copyright.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on our Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.

An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Sites may be found) and that you will accept service from the person (or an agent of that person) who provided the Sites with the complaint at issue.

If you fail to comply with all of the above requirements, your DMCA counter notification may not be valid. Upon receipt of a counter notice, our Copyright Agent may send a copy of it to the original complaining party informing that party that BKS may replace the removed content or cease disabling it. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites was removed or disabled by mistake or misidentification, you may be held liable for damages, including court costs and attorneys’ fees.

PRIVACY POLICY

Last Modified: January [6], 2014

At BKS we deeply respect your privacy, and are fully committed to protecting it through our compliance with this policy.

This policy is a part of the Terms of Use. Capitalized terms used in this policy have the meanings given to such terms in the Terms of Use. This policy describes the types of information we may collect from you or that you may provide when you visit the Sites and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect on the Sites and in e-mail, text and other electronic messages between you and the Sites. It does not apply to information collected by us offline or through any other means or by any third party.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using the Sites, you agree to this policy. This policy may change from time to time. Your continued use of the Sites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Security

We have in place reasonable electronic and procedural safeguards to help protect our users’ information. Please understand, however, that it is possible for third parties to access information despite our efforts. Without limiting the terms of our Terms of Use, including this policy, you understand that we do not guarantee that your use of the Sites and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Sites. You also understand that any information provided by you or collected by us or our agents in connection with your use of the Sites will be used in the manner described in our Terms of Use. Please do not use the Sites if you do not agree to the terms and conditions described in this Security section.

Collection and Use of Personal Information

Visitors to our Sites may generally browse without providing personally identifiable information. However, we collect personally identifiable information that you voluntarily provide on our Sites when you interact with features on our Sites, such as filling in forms on our Sites. Personal information which we may collect includes, without limitation, your name, address, phone number, and e-mail address. We use this information to communicate with you. We also collect this information about you generally to help us develop and customize our products and services to better serve our customers. When you submit personally identifiable and other information on our Sites, you are giving your consent to the collection, use and disclosure of such information in the manner set forth in this policy. Collected information is used for the benefit of BKS to provide you information, such as information about our products and services as well as promotional marketing material about our company and partners.

Our Sites are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Sites or on or through any of its features/register on the Sites, use any of the interactive or public comment features of the Sites or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the email address below.

Disclosure of Personal Information

We never disclose your personal information without your consent; provided that we may disclose your personal information to unaffiliated third parties under the following circumstances without your consent:

We may disclose any information, including your personal information, we deem necessary in our sole discretion, to comply with any applicable law, regulation, court order, government request, or other legal process;

We may disclose any information, including your personal information to protect the interests, rights, safety, or property of BKS or others, including enforcing the Terms of Use;

We may retain other companies and individuals to perform functions consistent with this policy on our behalf, examples include customer support specialists, Web hosting companies and billing and collection providers. Such third parties may be provided access to personally identifiable information needed to perform their functions, but may not use such information for any other purposes;

We may disclose personal information to a buyer or successor in interest in the event of a merger, restructuring, reorganization or other sale or transfer of some or all of BKS’s assets, whether as a going concern or as part of a bankruptcy or similar proceeding;

The rules or terms and conditions of certain special offers or promotions from BKS to which you consented may indicate that your personally identifiable information will be shared with third parties in connection with such special offers or promotions; and

We may disclose the personal information to fulfill the purpose for which you provide it or for any other purpose disclosed by us when you provide the information.

Cookies and IP Addresses

Demographic and profile data is also collected at our Sites. We use this data to tailor and enhance your experiences at our sites, to show you content that we think you might be interested in, and to display the content according to your preferences. The Sites mechanically receive and record information on our servers from your browser, including your IP address, this Sites’ cookie information, and the page you request. These help us identify you, keep track of information in connection with your interaction the Sites, personalize sites when you use them and maintain the error-free performance of our servers. If your browser is set to reject cookies we will not be able to recognize you or provide any customized personalization. Demographic and profile data is also collected at our Sites. We use this data to tailor and enhance your experiences at our Sites, to show you content that we think you might be interested in, and to display the content according to your preferences. Non-personal information obtained through cookies or other electronic tools may be shared with or obtained by our service provider or other third parties.

External Links

The Sites contain links to and from other websites that are not part of the BKS family, and BKS is not responsible for the privacy practices or the content of these other sites. We encourage you to read the privacy policies of other websites that you link to from our Sites or otherwise visit.

Choices Concerning your Account Information and Personal Information

If requested from you by us, you can always choose not to share personal information, although it may prevent you from being able to take advantage of certain features offered on the Sites. New categories of marketing communications may be added from time to time. Users can opt out of receiving future marketing communications from us at any time or they can unsubscribe by following instructions in the messages they receive. Users can “opt-out” of having their personal information used for purposes not directly related to our site at the point where we ask for the information, like unsubscribing from our mailing list at any time. In accordance with the laws of CANSPAM, your request will be processed within 10 business days. We may ask for demographic information such as age, zip code or income level for surveys and/or contests. This is strictly at your discretion, can be withdrawn at any time, and would be used to determine appropriate promotions, products and services.

Changes to Our Privacy Policy

We may revise and update our Privacy Policy from time to time in our sole discretion. All changes are effective immediately from the time they are posted to the Sites. Your continued use of the Sites after such changes means that you agree to follow and be bound by the terms as changed. You are expected to check this page each time you access the Sites so you are aware of any changes, as they are binding on you. We will alert you to any changes to our Privacy Policy by updating the “Last Modified” date at the top of this page.

Contact Us

If you have any questions or comments about this policy, please contact us at: info@bks-partners.com.